The Safeguard Of Basic Rights Of China's Civil Servants

Civil servants is the power of the state, the normal operation of state machine can't do without civil servants' hard work. Basic rights of Civil servants is a kind of most fundamental and most important rights.Ensure the basic rights of civil servants, can make civil servants better exercising their functions and powers, better serving the people, they also can be a very good reaction in our legal construction, promote China's economic and social development. Nowadays, more and more states pay attention of fundamental rights of civil servants. Our country's fundamental rights system of civil servantsis also driven on ripe and perfect.This paper focus on the topic of civil servants' basic rights guarantee, four most discussed.and divides this paper into four Parts to launch the elaboration.The first part summarize basic rights of civil service. First, the definition of basic rights,basic rights include both the ones specifically enumerated in the constitution, also includes the basic rights not specifically enumerated, all the rights prescribed in the lower level laws is the materialization of basic rights of civil servants. Next, it is the understanding of civil servants' the basic rights, the auther advocate basic rights of civil servants is innate, and agree with the basic rights of civil servants shall conduct proper limits, just this limit should be held in a fair and reasonable range. Again, from two aspects of theoretical and practical meaning, discussing the significance of basic rights guarantee of civil servants.The second part is the guarantee of civil servants' basic rights in major outside countries. This paper introduces the guarantee of civil servants' basic rights of United States, France, Japan and other major countries outside, introduces the administrative relief and judicial relief. By comparison, summarize development trend of guarantee system of modern civil servants'basic rights, analyse the main national basic rights protection system for our reference.The third part is the present guarantee situation of the basic rights of our country's civil servant. Firstly, this paper introduces materialization of the basic rights in China. Most of the basic rights of our country civil servants provisions in the constitution, and be concretized in the provisions of the the lower level laws, by civil servant law clearly specified civil servants should enjoy the eight rights. Secondly, it is to talk about problems of our country's guarantee of civil servants' basic rights. First introduce the infringement of our civil servants'basic rights from tort subject, main ways and species and tort consequences; Then introduce the deficiency of our country civil servants' right remedy and its performance, and discusse the causes of these problems.The fourth part is several ideas to further perfect the basic rights guarantee of our country' civil servants. From the prior prevention mechanism and afterwards relief mechanism this two aspects, this paper put forward several suggestions. On the one hand, perfect the prevention beforehand. First we need to establish consciousness of respecting and safeguarding civil servants' basic rights, second suggest establishing national unified social security system; On the other hand, perfect the remedy mechanism afterwards. Civil servants' basic rights include administrative relief program and the judicial relief program, both all face the problem how to perfect, the authors put forward some suggestions to this problem, To have a function of perfecting guarantee system of civil servants' basic rights.